DECISION OF THE BOARD OF DIRECTORS
This case is before the Board of Directors (“Board”) pursuant to a petition for review filed by Peter Sheehan (“Appellant” or “Sheehan”), an employee with the Office of the Architect of the Capitol (“AOC” or “Appellee”). Sheehan seeks review under Section 5.03(d) of the Procedural Rules of the Office of Compliance (“OOC”), of the March 10, 2010, decision by Hearing Officer Warren R. King. After an evidentiary hearing, the Hearing Officer found that Sheehan had not supported his claims of retaliation or retaliatory hostile work environment. The Appellant timely filed a petition for review of the Hearing Officer’s Decision and Order, and supporting brief. The Appellee filed a brief in opposition to the petition for review.
The Board has duly considered the Hearing Officer’s Decision and Order, and the parties‟ filings. The Board finds that the Hearing Officer’s findings and conclusions are amply supported by substantial evidence. For the reasons that follow, the Board affirms the Hearing Officer’s decision that the AOC had not retaliated against Sheehan because of his protected activity, and had not created a retaliatory hostile work environment, in violation of Section 207(a) of the Congressional Accountability Act (“CAA”).
I. Background and Procedural History
Sheehan was hired as a temporary painter in the Senate Office Buildings‟ Paint and Refinishing Shop (“the paint shop”), and during his tenure, he applied for three permanent positions in the paint shop, one as a painter, another as a refinisher, and a third as shop supervisor. He was not selected for any of the positions.
In May and June 2009, following counseling and mediation, Sheehan filed a Complaint and an Amended Complaint, respectively, with the OOC alleging that his non-selection for these positions was in retaliation for his having engaged in various activities that he alleged were protected by Section 207(a). Two of these activities are said to be protected by the “opposition” clause of Section 207(a), and another by the “participation” clause of that section.
